Donald Trump tries to kill birthright citizenship with executive order
Donald Trump tries to kill birthright citizenship with executive order
"We think we have really good grounds," the president said of the order that is certain to prompt immediate legal challenges.
Summary
Donald Trump signed an executive order to challenge birthright citizenship, targeting children of undocumented immigrants born in the U.S.
The order argues against the 14th Amendment, which guarantees citizenship for those born on U.S. soil.
It bars federal agencies from recognizing birthright citizenship and imposes a 30-day waiting period for enforcement.
The order is expected to face significant legal challenges, with critics calling it unconstitutional.
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The payload
Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States:
(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
(2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
Which is absolutely ridiculous. In the first case if they aren't subject to your jurisdiction then you cannot deport them. And in the second they would not need a visa. You can't have it both ways. You can't make them subject to our laws without them being subject to the United State's Jurisdiction.
That’s not true. Even diplomats, who this clause was written for, can be expelled from the country.
Even that's a limited form of jurisdiction. Managed by treaty, the same level as the Constitution.